Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. SB 538
       
       
       
       
       
       
                                Barcode 201582                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/01/2012 11:47 AM       .                                
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 41 and 42
    4  insert:
    5         Section 3. Paragraph (f) of subsection (3) of section
    6  287.057, Florida Statutes, is amended to read:
    7         287.057 Procurement of commodities or contractual
    8  services.—
    9         (3) When the purchase price of commodities or contractual
   10  services exceeds the threshold amount provided in s. 287.017 for
   11  CATEGORY TWO, no purchase of commodities or contractual services
   12  may be made without receiving competitive sealed bids,
   13  competitive sealed proposals, or competitive sealed replies
   14  unless:
   15         (f) The following contractual services and commodities are
   16  not subject to the competitive-solicitation requirements of this
   17  section:
   18         1. Artistic services. For the purposes of this subsection,
   19  the term “artistic services” does not include advertising or
   20  typesetting. As used in this subparagraph, the term
   21  “advertising” means the making of a representation in any form
   22  in connection with a trade, business, craft, or profession in
   23  order to promote the supply of commodities or services by the
   24  person promoting the commodities or contractual services.
   25         2. Academic program reviews if the fee for such services
   26  does not exceed $50,000.
   27         3. Lectures by individuals.
   28         4. Legal services, including attorney, paralegal, expert
   29  witness, appraisal, or mediator services.
   30         5.a. Health services involving examination, diagnosis,
   31  treatment, prevention, medical consultation, or administration.
   32         b. Beginning January 1, 2011, health services, including,
   33  but not limited to, substance abuse and mental health services,
   34  involving examination, diagnosis, treatment, prevention, or
   35  medical consultation, when such services are offered to eligible
   36  individuals participating in a specific program that qualifies
   37  multiple providers and uses a standard payment methodology.
   38  Reimbursement of administrative costs for providers of services
   39  purchased in this manner shall also be exempt. For purposes of
   40  this sub-subparagraph, “providers” means health professionals,
   41  health facilities, or organizations that deliver or arrange for
   42  the delivery of health services.
   43         6. Services provided to persons with mental or physical
   44  disabilities by not-for-profit corporations which have obtained
   45  exemptions under the provisions of s. 501(c)(3) of the United
   46  States Internal Revenue Code or when such services are governed
   47  by the provisions of Office of Management and Budget Circular A
   48  122. However, in acquiring such services, the agency shall
   49  consider the ability of the vendor, past performance,
   50  willingness to meet time requirements, and price.
   51         7. Medicaid services delivered to an eligible Medicaid
   52  recipient unless the agency is directed otherwise in law.
   53         8. Family placement services.
   54         9. Prevention services related to mental health, including
   55  drug abuse prevention programs, child abuse prevention programs,
   56  and shelters for runaways, operated by not-for-profit
   57  corporations. However, in acquiring such services, the agency
   58  shall consider the ability of the vendor, past performance,
   59  willingness to meet time requirements, and price.
   60         10. Training and education services provided to injured
   61  employees pursuant to s. 440.491(6).
   62         11. Contracts entered into pursuant to s. 337.11.
   63         12. Services or commodities provided by governmental
   64  agencies.
   65         13. Statewide public service announcement programs provided
   66  by a Florida statewide nonprofit corporation under s. 501(c)(6)
   67  of the Internal Revenue Code, with a guaranteed documented match
   68  of at least $3 to $1.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete line 10
   73  and insert:
   74         be granted; amending s. 287.057, F.S.; providing an
   75         exception to the requirement for competitive
   76         solicitation of contractual services and commodities
   77         for public service announcement programs provided by
   78         certain nonprofit corporations; amending s. 287.084,
   79         F.S.; requiring,